4.3 SR 05-01-2023�,
Elk s �-
River
Request for Action
To Item Number
Ma Tor and CinT Council 4.3
Agenda Section Meeting Date Prepared by
Consent A enda Matir 1, 2023 Tina rlllard, Cittr C1eYk
Item Description Reviewed by
Ordinance Amendment Hearing Process for Cal Pormer, Ci r Administrator
Licensing Reviewed by
Action Requested
Approve, byT motion, an ordinance amending Chapter 38 regarding the hearing process for license suspensions
and revocations.
Background/Discussion
This is a housekeeping item in the cityT code at the recommendation of the cityT attorneyT. The current code
requires a public hearing for license suspension and revocations. A public hearing is an item that tyTpicallyT requires
10-day notice in the papeY and allows anyone in the public to comment on the topic.
If the Council is considering a suspension or revocation for a license, a hearing would still be allowed, but it
would be considered more of a quasi-judicial tyrpe of hearing where the applicant can present their case and have
anyone testify, including an attorney on their behal£ There would still be notice requirements to the licensee.
Financial Impact
Costs for the public hearing notice `vould not be incurred.
Mission/Policy/Goal
The Elk RiveY Mission
Attachments
■ Draft Ordinance
The Elk River Vision
A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional
se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty.
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Update�l• January 2023
City of
Elk -�-�
River
Ordinance 23 -
��r��e�er� to be removed
Underlines to be added
An Ordinance Amending Chapter 38, Section 35, Inspections; Suspension or Revocation of
License of the City of Elk River, Minnesota, City Code
The CityT Council of the CityT of Elk River does herebyT ordain as follo�vs:
SECTION 1. That � 38-35 (d)(3), Conduct of hearing of the CityT of Elk River Code of Ordinances shall
be amended to read as follo`vs:
If a��hearing is requested, `vritten notice of the date and time of such ��hearing shall be sent to the
licensee at least ten days prioY thereto. "��'�'��'����-�~�� Hearul�s shall be befoYe the council, at which time
evidence of anyT alleged violation or grounds upon which the proposed suspension or revocation would be
based shall be presented to the council. The licensee mayT be represented byT counsel and shall be given an
opportunityT to be heard.
SECTION 2. That § 38-35 (e) (2), Summary action of the Cit�T of Elk River Code of Ordinances shall be
amended to read as follows:
If a��hearing is Yequested as provided in this subsection, written notice of the date and time of the
��hearing shall be sent to the licensee at least ten days prioY thereta The hearing shall be conducted in
the same manneY as if the aggrieved peYson had not been subject to summaryr action.
SECTION 3. That this ordinance shall take effect upon adoption and be published as provided byT law.
Passed and adopted b�r the City- Council of the Cit�r of Elk River this 1st dayT of Ma�r, 2023.
John J. Dietz, MayoY
ATTEST:
Tina Allard, Cit�T Clerk
Last LJpdated]anuar� 2023
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